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Does One Tear Keri’a at a Family Member’s Funeral on Hol Ha’mo’ed?

If a person passes away, Heaven forbid, during Hol Ha’mo’ed, the funeral is held, but mourning does not begin until after the conclusion of the holiday. The question arises as to whether in such a case the family members perform Keri’a (tearing their garment) at the funeral, as is done normally, or if Keri’a is delayed until after the holiday, when the mourning observances begin.

Rav Shemuel Pinhasi (contemporary), in his work Haim Va’hesed (p. 114), notes that this issue is subject to a debate between Maran, in the Shulhan Aruch, and the Rama (Rabbi Moshe Isserles of Cracow, 1525-1572). According to Maran, all family members tear Keri’a at a funeral on Hol Ha’mo’ed, whereas the Rama maintained that Keri’a is performed on Hol Ha’mo’ed only upon the death of a parent. In the Rama’s view, at a funeral of a different family member, one does not tear Keri’a on Hol Ha’mo’ed, and the Keri’a is delayed until after the holiday.

Rav Pinhasi adds that those who follow Maran’s view tear Keri’a at the funeral on Hol Ha’mo’ed with the Beracha of "Dayan Ha’emet," whereas those who follow the Rama’s view, and tear Keri’a for family members other than parents after the holiday, recite the Beracha of "Dayan Ha’emet" at the funeral, without tearing Keri’a. They then tear Keri’a after the holiday without reciting the Beracha.

Rav Pinhasi notes that although most Sepharadim follow the view of Maran, there are some communities that follow the Rama’s ruling on this issue. The custom in Jerusalem, for example, is to tear Keri’a on Hol Ha’mo’ed only for a parent, as documented by the Hida (Rav Haim Yosef David Azulai, 1724-1807) in his work Mahazik Beracha. Rav Haim Palachi (Turkey, 1788-1869) likewise writes in his Ru’ah Haim that the custom in Izmir, Turkey followed the Rama’s ruling, and this was also the custom in Salonica.

Interestingly enough, at some point the custom developed among Syrian Jews to follow neither view, and to delay Keri’a and the Beracha until after Hol Ha’mo’ed in all cases, even after the death of a parent. Rabbi Haber, in his work on the laws and customs of mourning, records this practice in the name of Rabbi Lankry. There is no clear source for this custom, but nevertheless this is the custom that evolved, and when it comes to Abelut (mourning) there are many unwritten customs that communities have developed and which should be followed. Therefore, since this is the prevailing custom in the Syrian Jewish community, this is the custom we follow. And thus in all cases when somebody passes away during Hol Ha’mo’ed, the Keri’a is performed with the Beracha of "Dayan Ha’emet" after the conclusion of the holiday, when the mourning observances begin.

We hope and pray that these Halachot shall never be practically relevant, and always remain purely theoretical.

Summary: Different customs exist regarding Keri’a (tearing one’s garment) upon the death of a family member during Hol Ha’mo’ed. Most Sepharadim tear Keri’a at the funeral, on Hol Ha’mo’ed, whereas the custom among Ashkenazim and certain Sephardic communities (and in Jerusalem) is to delay the Keri’a until after the holiday, except in the case of a parent’s death, when Keri’a is performed at the funeral on Hol Ha’mo’ed. Syrian Jews follow a different view, and delay the Keri’a – and the Beracha of "Dayan Ha’emet" – until after the holiday in all cases, even in the case of a parent’s death.

 


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